council tax & bailiffs

stjones

Dear All

I am in the redundancy boat with an increasing number of people...

I am married with a baby, own a home, but have absolutely no income since redundancy in February. I have some small savings but these are being rapidly depleted to pay for the necessities.

I have managed to keep up with repayments for my mortgage as I prioritised that. However I have arrears of approx £2k with council tax. I have a liability order againt me for non payment. I called the council to explain but they say that now it has gone to bailiffs they cannot/will not withdraw it. I am paying council tax now going forward, but these arrears are from the last year.

We are embarrassingly living on handouts from friends and family. I have desperately tried to get a paid job, but at the moment I am volunteering full time with a company in the same field that I was working in, in the hope that they take me on for a paid position.

My question is: Do the council/bailiffs have the power to come into my house and take my things, or commit me to prison for non payment? I am thinking worst case scenario here. I was thinking that this is a civil matter, not criminal, so how can they threaten prison?

It seemed that despite my desparate plea of my situation, they did not take the slightest bit of notice.

Thank you in advance.

grahtyl

They can only walk in if they`re let in or if they can get in ie open window/door.
The best thing to do is get in touch with the CAB explain your situation and see if they can get the bill passed back to the council as the bailifts will have no chance of getting the money off you
The prison part is only as last resort so dont worry too much at this stage

CIS

Council Tax is a criminal matter as it is non-payment of tax.

The bailiff must first make peaceful entry and list goods within the property, once they have done so the bailiff can then use force to re-enter if needed (many council's wont authorise force to re-enter).

If a bailiff cannot collect on goods that he has listed then they will return the account to the council. At this point the council can either use another form of recovery authorised by the Liability Order (attachment of earnings/benefit, bankruptcy,charging order) or issue committal proceedings.

For committal proceedings the council would need to demonstrate wilful refusal or culpable neglect in paying your council tax.

stjones

Thank you for your replies - I am a little relieved as it gives me a bit more time to sort myself out.

They are cheeky !!!!!!s as they wanted a meeting at my house to have a chat. Lucky I did not agree yet, as I have been reading that once I let them in, they can mark goods for the taking and then come in again forcing entry.

Jamz

I'm almost positive that council tax debt is the only time a baliff can make a forced entry if they have a warrent

Can a bailiff force his/her way into my house?
Most bailiffs do not have the right to force their way into your home to seize your goods. The only exception is that bailiffs from the Collector of Taxes (Inland Revenue) can get a warrant to force entry, but this is very rare.

Looks like I was right!

woody01

but these arrears are from the last year

So the arrears are from when you were employed .... (ie Before February when you lost your job)?

CIS

I'm almost positive that council tax debt is the only time a baliff can make a forced entry if they have a warrent
Quote:
Can a bailiff force his/her way into my house?
Most bailiffs do not have the right to force their way into your home to seize your goods. The only exception is that bailiffs from the Collector of Taxes (Inland Revenue) can get a warrant to force entry, but this is very rare.
Looks like I was right!

That's for HMRC debt - nothing to do with councils. The council bailiff can only force entry if they've already had peaceful entry. (I've instructed enough council tax bailiffs to know how they work).

stjones

CIS wrote: »

For committal proceedings the council would need to demonstrate wilful refusal or culpable neglect in paying your council tax.

I am paying council tax going forward - but cannot pay this, and, last years debt, and mortgage all at once. I just have no income.
I hope that this means the council cant justify wilful refusal or neglect in me paying.

CIS wrote:

The council bailiff can only force entry if they've already had peaceful entry.

This is good to know. I have had sleepless nights over this.

woody01

But if you are paying council tax going forward, and at present cash is tight, was the council tax not paid when cash flow was OK?
That the way its reading.

If so, then the bailiffs will move in.

stjones

Yes that is the situation. Money was always tight before the baby came along even when I was employed and it was a struggle. Then we were buying baby things in preparation for the baby. I wanted to preserve my pride and not ask for help from others, so I was paying my mortgage with everything else and delayed paying the council tax, thinking I would manage to find a way somehow.

Subsequently I was made redundant and finding that way is impossible. So I swallowed my pride and am having to accept help. But even now I cant pay all three, plus other regular outgoings.

Its a miracle that i've not missed one mortgage payment despite my deal ending and going on svr recently. I cant remortgage as I have no income. I have sold my car to help with cashflow but its running out fast.

dante3540

I can not say too much at the min but Rossendale’s don’t listen but don’t be frightened when they threaten you with jail and they will try to intimidate you well. Well done to councils because they don’t care what happens to you as I am talks with mps and itv all letter sent out by Rossendale’s don’t get signed by anyone just typed by bailiffs manager what a joke